Board of Public Works & Safety

REGULAR MEETING – February 17, 2015 The Board of Public Works and Safety of the City of Michigan City, Indiana, met in REGULAR SESSION on Tuesday morning, February 17, 2015 at the hour of 9:00 a.m., in the Council Chambers, in the City Hall Building, located at 100 East Michigan Boulevard, Michigan City Indiana – a regular meeting room of this Board. The meeting was called to order by President Steve Janus, who presided. Noted present: Steve Janus, Sharon Carnes and Michael Palmer (3). Absent: none (0). A QUORUM WAS NOTED PRESENT. Also noted in attendance: Amber LaPaich, Corporate Counsel Russ Hatfield, Code Enforcement Officer Skyler York, Assistant Planning Director Charles “Spike” Peller, City Engineer Lt. Jeff Loniewski, M.C.P.D. Traffic Division Bob Zondor, Superintendent Central Services & Central Maintenance Judy Pinkston, Director Community Development Block Grant Kalon Kubik, Mayor’s Administrator Kim Sliwa, Deputy City Clerk APPROVAL OF MINUTES President Janus asked if there were any corrections to the minutes of the Regular meeting of February 2, 2015. Michael Palmer made the motion to approve the minutes from the regular meeting of February 2, 2015. The motion was seconded by Vice-President Carnes and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. OPENING OF BIDS – One (1) Tandem Dump Truck with Body Hoist, Snowplow, Scraper, Salt Spreader & Hydraulic System President Janus inquired if there was anyone present who wished to submit a bid. There was no response. Vice-President Carnes made the motion to close the acceptance of bids for the Tandem Dump Truck. The motion was seconded by Michael Palmer and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. Corporate Counsel Amber Lapaich addressed the Board stating two (2) bids were received as follows: Truck City $197,271.00 Pozzo Truck Center, Inc. $190,560.00 Regular Meeting – February 17, 2015 Page 2 Michael Palmer made the motion to refer the bids to the appropriate departments for review, tabulation and to report back at the next Board meeting. The motion was seconded by Vice- President Carnes and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. OPENING OF BIDS – 616 W. 9th Street and 904 E. Michigan Boulevard President Janus inquired if there was anyone present who wished to submit a bid. There was no response. Vice-President Carnes made the motion to close the acceptance of bids for the demolition of 616 W. 9th Street and 904 E. Michigan Boulevard. The motion was seconded by Michael Palmer and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. Corporate Counsel Amber Lapaich addressed the Board stating two (2) bids were received as follows: JM Industrial Services Inc. Project 1 616 W. 9th Street $22,650.00 Project 2 904 E. Michigan Boulevard $24,750.00 Actin Contracting, LLC Project 1 616 W. 9th Street $19,000.00 Project 2 904 E. Michigan Boulevard $42,000.00 Michael Palmer made the motion to refer the bids to the appropriate departments for review, tabulation and to report back at the next Board meeting. The motion was seconded by Vice- President Carnes and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. REQUEST FOR STOP SIGN – Susan Prybylla, 302 Greenwood Avenue is requesting the installation of stop signs on Greenwood Avenue at the intersection of York Street and Greenwood Avenue (Note: Held over from the February 2, 2015 meeting due to snow) The following correspondence was received in the City Clerk’s Office on January 21, 2015 from Susan Prybylla, 302 Greenwood Avenue: The petitioner requests a stop sign be placed at the corner of York Street and Greenwood Avenue. (photos of accidents provided) Lt. Jeff Loniewski, M.C.P.D. Traffic Division addressed the Board, providing the Board with a report he prepared regarding accidents at this intersection; explaining he pulled accident reports dating back to 2008, stating since 2008 the Police Department has recorded 12 accidents at this intersection with the majority of accidents attributed to drivers failing to the right-of-way, which means they didn’t necessarily disregard the Stop sign, they came to a stop and for some reason pulled into oncoming traffic without yielding. Lt. Loniewski continued to explain that only two (2) of the 12 accidents were actually attributed to someone disregarding the Stop sign; and then two (2) of the accidents were attributed to alcohol and really had nothing to do with the intersection. Lt. Loniewski further explained that he did go out to the intersection last week to determine if there were any site problems and there are Regular Meeting – February 17, 2015 Page 3 none at this time, so he went on the internet and pulled some photos from Google earth that showed the summer foliage and still did not see any site problems with the summer foliage. Lt. Loniewski deferred this to the Board’s judgment as he does not see any factors that could be corrected by installing a 4-way Stop at this intersection. Lt. Loniewski continued stating he pulled the accident statistics for the intersection of Tilden and Greenwood Avenues, which is the next closest intersection with a 4-way Stop, and the Police Department has recorded 13 accidents during the same time period; reiterating he still doesn’t believe the installation of a 4-way Stop sign at Greenwood Avenue and York Street would reduce the number of accidents considering there is a 4-way Stop sign just a few blocks down the street. Vice-President Carnes made the motion to accept the recommendation of Lt. Loniewski and the Traffic Division, and not install a Stop sign at Greenwood Avenue and York Street. The motion was seconded by Michael Palmer and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. President Janus stated that an affirmative vote is to deny the request. REQUEST TO MOVE HANDICAP PARKING SIGN – Mary Stark, 907 Birch Tree Lane, requests the handicap sign be moved to better accommodate her needs as she has moved to another unit The following correspondence was received in the City Clerk’s Office on February 4, 2015 from Mary H. Stark, 915 Birch Tree Lane: In front of my condo at Long Beach Pointe Condo Association there are two (2) handicapped parking signs. The lady that moved in upstairs that needed the second parking spot has moved to a downstairs unit. Is there any way we can move one of these signs close to unit 907. Or at least close to the sidewalk where her unit is located. It would be greatly appreciated if you could approve this move. She is on Oxygen and carrying the wheel cart is usually pretty difficult for her. The sign to be moved is the most east one and it will be moved to the east direction to 907 area. If you have any questions I would be glad to try and answer. Just call 219-871-0214. Thank you in advance for your consideration in this matter. Lt. Jeff Loniewski, M.C.P.D. Traffic Division addressed the Board regarding the request, stating the Handicap parking signs were placed there a few years ago and at this time he would recommend the request be TABLED as the City Attorney is working on a new Ordinance concerning Handicap Parking. Vice-President Carnes made the motion to TABLE the request at this time. The motion was seconded by Michael Palmer and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. REQUEST TO DISTRIBUTE HANDBILLS – Luke Wittwer, 427 Yanke Road requests permission to place a small mobile cart on public sidewalk The following correspondence was received in the City Clerk’s Office on February 10, 2015 from Luke Wittwer, 427 Yanke Road: Regular Meeting – February 17, 2015 Page 4 Type of Request: Request to setup a small mobile cart on public sidewalk. We are a nonprofit organization wanting to setup a small mobile cart that features free literature that can help ones in the community improve their lives. There are two people by the cart at all times. Those involved wait for someone to come to the display. When someone approaches he is invited to take any literature that interests him. Date of Request: March 10, 2015 Time Requested: 9 am – 5 pm Location #1 Tuesdays from 9 am – 5 pm at the corner of Franklin Street and E. 7th Street Location #2 Saturdays from 9am – 3 pm at the corner of Franklin Street and E. 11th Street Luke Wittwer, 427 Yanke Road addressed the Board regarding the request, explaining what the intentions are, locations and hours of operation; and that they are a non-profit organization. Corporate Counsel Amber Lapaich advised the Board and Mr. Wittwer that a Certificate of Liability Insurance would be needed since there would be a cart on the public sidewalk. Counsel Lapaich inquired how long Mr. Wittwer would intend to be doing this. Mr. Wittwer stated their intention would be to do this continually, however during the winter months they would adjust dependent on the weather. Michael Palmer addressed the Board stating it has been requested by Corporate Counsel Lapaich to have this referred to the Planning Department for their review and recommendation. Vice-President Carnes made the motion to refer the request to the Planning Department. The motion was seconded by Michael Palmer and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. Corporate Counsel Lapaich addressed the Board and Mr. Wittwer explaining when the Planning Department comes back to the Board with their recommendation to grant this, one of the conditions would be to have a Certificate of Liability Insurance naming the City as an additional insured. AGREEMENT FOR PROFESSIONAL SERVICES – An Agreement between the Michigan City Board of Public Works and Safety and the Indiana Landmarks for a Commission Assistance Program Skyler York, Assistant City Planner addressed the Board explaining the Agreement/Contract is between the Indiana Landmarks and the Board of Public Works and Safety to provide Professional Services to the City Historic Review Board to help with the different programs through the Redevelopment Commission (i.e., Loft Program, Façade Program). Mr. York further explained there is a lot more activity downtown and a lot more reviews are happening; the reviews are a lot more complicated and require a little more in depth critiquing of what’s going on. Mr. York further explained that the Redevelopment Commission feels this is a service that should be provided and they are willing to pay for this; and would be beneficial to the Review Board with regards to the Certificates of Appropriateness. Mr. York reiterated that the Redevelopment Commission will be paying for this service. Corporate Counsel Amber Lapaich advised the Board that she has reviewed the Agreement and is good with it. Regular Meeting – February 17, 2015 Page 5 Michael Palmer made the motion to approve the President of the Board of Public Works and Safety to sign the Agreement between the Michigan City Board of Public Works and Safety and the Indiana Landmark for the Commission Assistance Program. The motion was seconded by Vice-President Carnes and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. SOUTH GATEWAY CORRIDOR PLAN – Craig Phillips requests approval of placement of traffic count equipment on city traffic signal poles for South Gateway Corridor Plan Skyler York, Assistant City Planner addressed the Board explaining this is for the placement of traffic counters, which are basically in the form of a camera, to be placed at strategic locations on the South Corridor between Coolspring Avenue and 400 N. Mr. York further explained these will allow the Planning Department and Redevelopment Commission to move forward with the 421 South Corridor Gateway Plan; further stating the traffic counters will be used to gather data/statistics from. Discussion ensued between the Board and Mr. York regarding the Certificate of Liability Insurance not naming the City of Michigan City as an additional insured, and the project being funded by the Redevelopment Commission. Mr. York stated he will address the matter of the insurance certificated and have it corrected. Michael Palmer made the motion to approve the request for the placement of traffic count equipment on city traffic signal poles for the South Gateway Corridor Plan provided the City is named as an Additional Insured on the Certificate of Liability Insurance policy. The motion was seconded by Vice-President Carnes and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. REQUEST TO UTILIZE ALLEY – Kenneth Purze, Maple City Ventures, 711 Franklin Street requests access to this public alley to access his building The following correspondence was received in the City Clerk’s Office from Ruth Michko, Administrative Assistant Maple City Ventures, P.O. Box 2: This letter is in regards to the alley between 711 Franklin Street and Warren Street. We are requesting access to this public alley that has now been gated and locked. We are unable to access our building. Please notify me via phone, fax, or e-mail that are listed when a decision has been made to rectify this matter. (phone: 219-872-3843 fax: 219-879-9942 email: mcvindian@hotmail.com) Thank you, Maple City Ventures, Inc. Kenneth Purze, Maple City Ventures, P.O. Box 2, M.C., representing the owner of 711 Franklin Street addressed the Board stating Maple City Ventures owns the building at 711 Franklin Street which is directly north of the Warren Building. Mr. Purze explained that ever since the issues with the brick façade of the Warren Building started when the City took action to secure the alleyway for safety purposes they have had difficulty accessing the alleyway for many different reasons, mostly due to the gates and keys and problems with the safety gates that were installed. Mr. Purze continued to explain the only access to the rear of their building is through that alleyway; there’s a service door that used to provide access to the building when it was used by JC Pennys, and at the request of Mr. Phillips as the Planning Director he informed Mr. Purze that he would need to appear before the Board of Public Works and Safety because the new Redevelopment Commission Attorney determined Regular Meeting – February 17, 2015 Page 6 that they want to have a “Hold Harmless” Agreement in order for Maple City Ventures or its employees to have access to the alleyway and so he requested to be placed on today’s Agenda at Mr. Phillips recommendation. Mr. Purze stated he understands the need for the Hold Harmless Agreement with the work that is going on and would ask that the legal counsel forward whatever agreement the City would like them to executed to his Attorney Douglas Beegee for their review and they will be happy to execute the Agreement. Mr. Purze continued stating what Mr. Phillips shared with him was that as far as formalities, because it is a public alleyway, he wanted him to appear here before you to start the process properly. Discussion ensued between the Board, Corporate Counsel Amber Lapaich and Mr. Purze regarding how often they would need access to this section of the building until construction of the Warren Building is complete. Mr. Purze explained this is the only access to the building now, which is currently rented and his tenant would probably have to go through the same process with this Board either individually or through his business, but Maple City Ventures, Inc. would want to have access if needed primarily because the City has asked them to address concerns with the façade and integrity of the building as the Redevelopment Commission is doing the work with the Warren Building certainly if they have to go to evaluate, inspect or have access to do work they want to be able to do that freely and not have to come to City Hall to get a key, which many times the key doesn’t work or the key is not available, it’s really been quite a hassle, so they want to have free access to their building that is on a public alleyway and they would want the Hold Harmless Agreement to release Maple City Ventures, Inc. as owner and any of their employees who would need to have access if they had to meet tuck-pointing contractors, roofing contractor, electrical contractor, any of those services that are provide to their building through that alleyway. Mr. Purze advised he could not tell the Board at this time what those needs are, but they need to have access as they cannot operate the building without it. Further discussion ensued between the Board, Corporate Counsel Lapaich and Mr. Purze regarding the City’s concern, explaining Mr. Coar was before the Board last week and expressed concerns right now with the equipment that is in that alley and this Board has previously deemed the alley unsafe at this time to try to work around this. Counsel Lapaich stated she doesn’t know if she would recommend unlimited access in the mist of construction without coordinating it. Counsel Lapaich asked the Board to please refer the matter to her office, so she can work with Mr. Purze and see what can be done, possibly having to also get Tonn & Blank involved. Mr. Purze stated he has met with Mr. Coar and there is very good communication there, but his thoughts are that it is a public alleyway and there are two (2) privately owned buildings on either side of the alleyway and they should have the same rights that the other owner has on the other side of the public alley, and they certainly don’t want to interfere and they are delighted with the work that is going on and they want the same opportunity to do similar work on their building if its deemed necessary. Michael Palmer made the motion to refer this matter to Corporate Counsel. The motion was seconded by Vice-President Carnes and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. Regular Meeting – February 17, 2015 Page 7 CLAIMS AND PAYROLL Michael Palmer moved that the claims set forth in the Register of Claims (in possession of the City Controller) and appearing in the Register be severally allowed and ordered paid and proper warrants for payment thereof hereby ordered issued in the stated amounts to person(s) and/or firm(s) as set forth, and payrolls approved. The motion was seconded by Vice-President Carnes and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. The Board signed: Payroll items in Register of Claims for informational purposes (which Register is in the possession of the City Controller) as follows: Page Date Amount 1 of 7 02/03/2015 $379,241.10 1 of 5 02/13/2015 $225,535.94 Allowance of claims as set forth in the Register of Claims for the Board of Public Works and Safety and the Department of Redevelopment (which Register is in the possession of the City Controller) as follows: Page Date Amount 1 of 3 02/11/2015 $571,414.31 1 of 1 02/19/2015 $11,873.88 UNFINISHED BUSINESS – Pending Items Pending Item – Honorary Street Sign-Toni Simpson/Joan Chumley requesting McClelland Avenue be named Becky Williams Boulevard President Janus stated the Board has yet to receive correspondence from the Mayor, and will defer this to the next meeting. Pending Item – Zoological Society requests 2 city owned lots for planting apple trees Skyler York, Assistant City Planner addressed the Board regarding the request from the Zoological Society for two (2) city owned lots for planting apple trees, stating Mr. Borolov of his office has compiled a list of available lots, which has been forwarded to the Mayor and they are waiting to hear back from him. Mr. Skyler advised a recommendation will be forthcoming. Pending Item – Two-way Street Conversion Skyler York, Assistant City Planner addressed the Board regarding the Two-way Street Conversion project stating the sub-committee from the Redevelopment Commission that is reviewing the two-way street conversion RFQ’s will be meeting this week, and the City Planner will get back to the Board to advise them of when this project will begin. Regular Meeting – February 17, 2015 Page 8 Pending Item – City Street Signs Charles “Spike” Peller, City Engineer addressed the Board regarding the City Street Signs advising he has nothing to report at this time and suggested the item be move to the April Quarterly Report. Pending Item – Signage to identify US Hwy 12 & Michigan Boulevard Charles “Spike” Peller, City Engineer addressed the Board regarding the Constance Everly request for signage to identify US Hwy 12 & Michigan Boulevard advising he just recently corresponded with INDOT and has not received anything back from them, also suggesting the item be moved to the April Quarterly Report. Pending Item – 904 E. Michigan Boulevard Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 904 E. Michigan Boulevard, stating this was previously addressed at this meeting with the opening of bids. Mr. Hatfield stated the bids will be reviewed, tabulated and will have a recommendation for the Board at the next meeting. Pending Item – 1110 Washington Street-fire damage Russ Hatfield, Code Enforcement Officer addressed the Board regarding 1110 Washington Street, providing the Board with a copy of the Orders to Repair that went out; explaining several of the requirements on the Repair will be to finish the exterior siding, finish the exterior porch and balcony, and to comply with the City of Michigan City Vacant Property Registration program which has the guidelines for painting of boards and how long it can be boarded up, etc. Mr. Hatfield further explained that he has requested the owner submit a feasible timeline for the project’s completion and occupancy; and this will be scheduled for a Hearing on March 16, 2015 before this Board. Pending Item – Combs Street and Michigan Boulevard Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property, stating he met with Corporate Counsel Lapaich last week to go over some of the legal issues concerning parties of interest on the title search, and this is scheduled to be before this Board for a Demolition Hearing on March 16, 2015. Pending Item – 1120 Elston Street Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 1120 Elston Street, stating he was unable to meet with Mr. Borolov of his department to see if he has received any response from the Notices that have been sent to the Bank. Regular Meeting – February 17, 2015 Page 9 Pending Item – 1204 W. 7th Street Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 1204 W. 7th Street, stating this will be before the Board in April 2015 for a Demolition Hearing. Pending Item – 1125 W. 8th Street Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 1125 W. 8th Street, stating he will be re-evaluating this property and make a similar Order to Repair as with the 1110 Washington Street. Pending Item – 701 Union Street Russ Hatfield, Code Enforcement Officer addressed the Board regarding the property at 701 Union Street, stating he wants to have this before the Board in April 2015 as well for a Demolition Hearing. New Business – Charlie Keene, General Insurance Services-Commercial Property and Casualty Renewal Policy Term 03/01/2015 to 03/01/2016 Charlie Keene, Vice-President General Insurance Services addressed the Board stating he and Tom Cipares met on February 12, 2015 with the Mayor Meer, Corporate Counsel Amber Lapaich and Deputy Controller Yvonne Hoffmaster to review the Commercial Property and Casualty Renewal Policy terms for the City of Michigan City; further explaining the Commercial Property and Casualty Renewal Policy is for the term March 1, 2015 to March 1, 2016. Mr. Keene advised the City’s current policy is with HCC Insurance Company; explaining the proposed coverage through them. Mr. Keene stated three (3) other Insurance carriers declined due to losses. Discussion ensued between the Board and Mr. Keene regarding the exclusions not covered under the Excess Coverage; specifically the Zoning coverage. Mr. Keene explained this will be covered under the Primary Liability section of the policy; further explaining the Commercial Property Coverage will change/be reduced due to structures no longer belonging to the City and that limit will also reduce the premium. Mr. Keene advised also included in the premium cost is the Terrorism Coverage that the City has previously obtained; further advising it is up to the City if they would like to continue with this coverage. Further Discussion ensued between the Board and Mr. Keene regarding any additional cost associated with the City making installments for payment. Mr. Keene stated there is no charge for breaking the payments into quarterly installments. Michael Palmer made the motion to renew the policy with HCC Insurance Company through General Insurance Services including the Terrorism coverage for a total premium of $633,178.00. The motion was seconded by Vice-President Carnes and carries as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. Regular Meeting – February 17, 2015 Page 10 New Business – Lt. Jeff Loniewski, M.C.P.D. Traffic Division regarding compliance of Yellow Cab of LaPorte County Lt. Jeff Loniewski, M.C.P.D. Traffic Division addressed the Board stating each year the Traffic Division is tasked with the responsibility of overseeing the licensing renewal for the local Taxi services; explaining over the last couple of years they have worked to streamline that process as it is a lengthy process that involves the City Clerk’s Office, Controller’s Office, Central Maintenance and the Traffic Division. Lt. Loniewski advised they try to get this done before the first of each year as required by City Ordinance; however it usually drags on because the Company they are working with, the local taxi service, drags it out. Lt. Loniewski stated currently we are in the third week of February already and they do not have the licensing renewal completed yet. Lt. Loniewski explained they did complete the inspections a couple of weeks ago, and at that time a couple of vehicle failed inspection and they were given a week to make the corrections, and he still hasn’t had any response from them as far as scheduling re-inspections; therefore, the Traffic Division’s request would be to ask the Board to work with Corporation Counsel to send formal correspondence to Yellow Cab of LaPorte County to comply with the licensing requirements. Discussion ensued between the Board, Corporate Counsel Amber Lapaich and Lt. Loniewski regarding the expiration of the license. Lt. Loniewski stated that City Ordinance requires them to renew by the first of each year. Lt. Loniewski advised the Board that currently the City has only one (1) licensed taxi service. Michael Palmer made the motion to have Corporate Counsel Lapaich work with Lt. Loniewski to get this taxi cab issue resolved immediately for safety reasons. The motion was seconded by Vice-President Carnes and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. PUBLIC COMMENTS President Janus asked if there was anyone from the public who wished to address the Board. There was no response. BOARD COMMENTS President Janus asked if there were any Board comments. Vice-President Carnes addressed the Board advising them that she would be resigning from the Board of Public Works and Safety effective February 28, 2015 as she has accepted a new position with hours that will not provide for her to continue to be on the Board. Vice- President Carnes “thanked” Mayor Meer for giving her the opportunity to serve on this Board; stating it was a pleasure serving with Mr. Janus, Mr. Palmer and Corporate Counsel Lapaich, also Gale Neulieb, City Clerk and Deputy Clerk Kim Sliwa. Ms. Carnes also acknowledged that she enjoyed working with the City Department Heads and all the City workers; and that she appreciates their dedication in making this a great City to live in. President Janus asked if there were any other Board comments. There was no response. Regular Meeting – February 17, 2015 Page 11 OLD BUSINESS – 111 Franklin Street Tom Adams addressed the Board stating he has recently purchased the property at 111 Franklin Street. Mr. Adams stated he understands that if he had purchased the property before January 31, 2015 the Board would not have entered into a Demolition Order against the building on that property; explaining he was in Japan as a Contractor for the US Navy and was unable to make it back home until January 31, 2015. Mr. Adams stated he intended to be here for the meeting on February 2, 2015, but due to the snow storm he was snowed in and could not get out. Mr. Adams reiterated that he has purchased the property and intends to build a top-notch Marina styled themed restaurant specializing in steaks, seafood and sushi, and that he has an experienced General Manager and experienced Chef, and has a business plan put together. Mr. Adams stated he is working with an Architect and the initial floor plans are done, and they should have the final design down within two (2) weeks and obviously intend to finish this as quickly as they possibly can because obviously summer time is the best time here, so they do not intend to drag this out. Mr. Adams advised they have investors lined up; requesting that the Board either remove or modify the Demolition Order that is on that property so they can complete the restaurant that will fit in well with all the future developments here. President Janus stated the Demolition Order was requested by the Plan Commission and unless they come back before this Board and ask for it to be removed; the Board will make no changes at this time. Skyler York, Assistant City Planner addressed the Board and Mr. Adams advising he did speak with Corporate Counsel Lapaich prior to the meeting about some items that play into this; further explaining the way it stands right now there is some time before the Board’s next meeting that would allow for discussion of either modifying or removing the Demolition Order before the physical demolition would start. Mr. York stated on behalf of himself and Mr. Phillips City Planner, he would like to request within that time frame (about two (2) weeks) to work with Mr. Adams and his associates to review some of their information. Mr. York advised that if Mr. Adams is able to produce the items needed that the Plan Commission is looking for it will give them some leverage in asking for the modification or removal of the Demolition Order. President Janus advised Mr. Adams this will be between the Planning Department and himself. Mr. Adams inquired if the Planning Committee does recommend that the Demolition Order is removed will the Board honor the request. Corporate Counsel Amber Lapaich clarified that Mr. Janus’s o.k. does not mean the Board will honor the request, but the Board will consider it. Mr. Janus stated the Board will consider whatever the Planning Department recommends at the next meeting. ADJOURNMENT President Janus inquired whether there was anything else to be considered by the Board at this time and, there being none, declared the meeting ADJOURNED (approximately 9:53 Regular Meeting – February 17, 2015 Page 12 a.m.). Vice-President Carnes made the motion to adjourn. The motion was seconded by Michael Palmer and carried as follows: AYES: MEMBERS Janus, Carnes and Palmer (3). NAYS: None (0). Motion carries. _________________________________________ Gale A. Neulieb, City Clerk